Family Law – Frequently asked questions

Here we look at many of the common questions we are asked about family law.  If we can help with any family law issue please contact Veronica@bradleyhayneslaw.co.uk or call us on 01905 900919.

Divorce

Can I get a divorce?

If you have been married for at least 12 months and you can demonstrate that there is a strong enough connection to the country in which you want to get divorced.

What are the grounds for divorce?

The is one ground for divorce in England and Wales, you must prove that your marriage has irretrievably broken down.  There are five ways to prove this breakdown (agreement is needed for some):

• Unreasonable behaviour
• Two years separation with agreement to divorce
• Five years separation
• Adultery
• Desertion

How much will it cost?

We charge a fixed fee of £500 plus VAT for petitioners of divorce proceedings. There is an additional Court fee of £550.

If you are the respondent in divorce proceedings, we charge a fixed fee of £295 plus VAT.

How long will it take?

Undefended divorces usually take between 4 to 6 months.

Will I have to go to court?

If your divorce proceeding is undefended, you are usually not required to attend Court.

Children

What happens if there is a dispute over who the children should live with or contact arrangements?

If there is a dispute regarding contact or residence, the court can make an order. This is called a Child Arrangements Order, this order sets out where a child/children will live and with whom they will spend time with.

Prior to making a final order the court will make an assessment of what is in the best interests of each individual child. There is a presumption that it is in the best interests of a child to have a continuing relationship with both parents unless the child is put at risk.

What is parental responsibility?

All mothers and most fathers have legal rights and responsibilities as a parent, this is known as ‘parental responsibility’.

A mother automatically has parental responsibility for her own child from birth.

A father usually has parental responsibility if he’s either:

• Married to the child’s mother
• Listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in)

An unmarried father can get parental responsibility for his child in 1 of 3 ways:

• Jointly registering the birth of the child with the mother (from 1 December 2003)
• Getting a parental responsibility agreement with the mother
• Getting a parental responsibility order from a court

Same-sex partners who were civil partners at the time of the treatment will both have parental responsibility. For same-sex partners who aren’t civil partners, the second parent can get parental responsibility by:

Applying for parental responsibility if a parental agreement was made, or

becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth.

Unmarried couples/ Living together

I live with my partner in his property. Am I entitled to anything?

The law gives no automatic right to partners in these circumstances, however if you contributed to the purchase price, mortgage or renovation of the property you may have a claim. It is worth seeking independent legal advice.

What is a cohabitation agreement?

A cohabitation agreement is a legal agreement reached between an unmarried couple living together or plan to live together. A cohabitation agreement will regulate the financial interest of the couple during their relationship and upon termination, issues such has division of joint assets, property rights and what arrangements might be made for mutual financial support, joint bank accounts, dealing with debt, caring for children etc.

Are cohabitation agreements binding?

Cohabitation agreements are not currently binding in England & Wales but they are persuasive. We would recommend that you and your partner seek independent legal advice on the implications of the agreement.

What is a pre-nuptial agreement?

A pre-nuptial agreement is a legal agreement between you and your partner which sets out how you would like your assets divided in the event of a divorce. In the event of a divorce this could save in legal costs and reduce stress.

Are pre-nuptial agreements binding?

In England and Wales pre-nuptial agreements are not binding, however they are very persuasive if both party receive legal advice prior to signing the agreement. We would recommend that prior to your wedding you seek independent legal advice.

Although, if you are unable to put a pre-nuptial agreement in place prior to your marriage, you can seek legal advice in relation to post-nuptial agreement. A post-nuptial agreement follows the same principles of a pre-nuptial agreement.

Domestic Abuse

Can I protect myself and my children from my abusive ex-partner?

The law enables those subject to domestic abuse to apply for injunctions to protect themselves and their children. These orders are called non-molestation orders and occupation orders.

What is a non-molestation order?

A non-molestation order offers protection to victims of domestic abuse (physical, emotional, psychological, sexual, financial, controlling and coercive behaviour) and those at risk of harm.

A non-molestation order can stop the perpetrator from:

Using or threatening violence to another associated person

Using or threatening violence to a child

Molesting a person in any way

Molesting can include:

Intimidation

Pestering

Persistent abusive text messages or phone calls

Threats

Harassment

What is an occupation order?

An occupation order is an order issued by the court which sets out who has the right to stay, return or be excluded from a family home. An occupation order doesn’t change the financial shares in a home. It is usually a short-term measure and the length of time that it lasts will depend on your circumstances.